Insurance Dispute Lawyer Blog

Wall St Journal does feature on Chinese drywall ‘prison’

Published on: August 8, 2009 | By Berniard Law Firm

Beginning with the unfortunately typical story of a family looking for a new home to raise their family, the Wall Street Journal’s poignant piece on the uphill battle faced by families dealing with Chinese drywall brings more attention to the unfortunate situation. The piece opens

Shortly after buying their home in Cape Coral, Fla., in 2006, Keith and Denise Cramer noticed a peculiar acidic smell they thought was wet paint. The odor never left.

There were other strange occurrences. Chrome-plated faucets and showerheads became pitted or turned black. The central air-conditioning unit faltered and failed. Their baby son, Gavin, suffered frequent ear and upper respiratory infections, and Gavin and Denise got rashes.

Reminder: Louisiana sales tax holiday today and tomorrow

Published on: August 7, 2009 | By Berniard Law Firm

Just a reminder to Louisiana residents that Friday and Saturday are sales tax holidays, where “eligible items will be exempt from the state’s 4 percent sales tax, though parish and municipal taxes will still apply.” The Daily Advertiser reports

Because the savings are greatest on big-ticket items, furniture and electronics retailers tend to promote the holiday the heaviest, often tacking on their own specials as an added incentive.

Elliott said that when the program started, she and some retailers were doubtful that a 4 percent savings would attract buyers, but it did.

Steering committee for Chinese drywall MDL set

Published on: August 6, 2009 | By Berniard Law Firm

The MDL has decided on the steering committees for the Chinese drywall lawsuit and while they did not include the Berniard Law Firm, our firm is in a key position to be highly involved as pretrial motions go on in the city of New Orleans. U.S. District Judge Eldon E. Fallon appointed 14 different attorneys from across the country to deal with the defective sheetrock and pretrial motions will be handled in the Eastern District of Louisiana. Judge Fallon will coordinate pretrial litigation and discovery, and, upon completion, all filings will return to their original jurisdictions for trial.

For more information about the MDL or Chinese drywall, please consult the section of our blog dedicated to this serious topic by clicking here.

Even builders’ homes vulnerable to Chinese drywall

Published on: August 5, 2009 | By Berniard Law Firm

A story coming out of Coral Gables, FL, demonstrates it’s not just the everyday homeowner who has been struck by Chinese drywall. Even builders have constructed homes for themselves unwittingly with the faulty wallboard. With timelines unclear in regards to when progress will develop, this builder decided not to wait any longer and gutted the 2,300 square foot home as soon as the sulfuric smell wafted into the air.

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…waiting could just make the problem worse, said Frank Mackle, a home builder who recently discovered his own house has the problem product.

House extends National Flood Insurance Program

Published on: August 4, 2009 | By Berniard Law Firm

A quick news blurb regarding a topic we brought up earlier: the nearing expiration of the National Flood Insurance Program. Such an expiration has been delayed another six months as the House agreed to extend the program through the 2009 hurricane season:

Set to expire on Sept. 30, the House approved a six-month extension to March 31, 2010. The Senate and president must approve the extension.

The NFIP bill (HR 3139) was sponsored by House Financial Services Housing Subcommittee Chairwoman Maxine Waters (D.-Calif.) and committee chairman Rep. Barney Frank (D-Mass.).

How the Dow Hahnville leak underscores Jindal’s duty to the state

Published on: August 3, 2009 | By Berniard Law Firm

New Orleans’ Gambit had an impressive editorial a little while back that outlined how the Dow Hahnville chemical leaks demonstrate the need for a more prevalent presence on the part of state government in overseeing the safety habits of such plants. The Gambit’s editorial staff writes

The first Dow leak also exposed communication gaps between emergency officials in St. Charles Parish and their counterparts in Orleans and Jefferson parishes, who said they were not notified until several hours after the event. The leak further revealed that too few residents have registered contact information with the St. Charles Parish emergency alert system. That’s a cautionary tale for all residents this hurricane season. Earlier, a power outage at Cytec caused the release of a toxic ammonia vapor, plant authorities say. West Bank residents reported eye and throat irritations before the company gave the all-clear signal.

Last week’s incidents raise public concerns about potential toxic ammonia leaks from a cold-storage warehouse the Port of New Orleans wants to build on the riverfront near the historic French Market. In addition to trying to keep 500 jobs in the city while raising $40 million for the project, officials at the port and New Orleans Cold Storage Inc. (NOCS) must now assure the public that 40,000 pounds of anhydrous ammonia can be safely transported, stored and used to blast-freeze chicken packages on the Gov. Nicholls Street Wharf. The proposal has pitted French Quarter and Faubourg Marigny residents against port officials and business interests.

Chinese drywall tainted homes selling on the cheap

Published on: August 2, 2009 | By Berniard Law Firm

The housing market has plummeted on tainted homes in the Gulf Coast area. While buyer beware appears to be the current premise for these sales, some are falling victim to sellers failing to disclose the condition of the homes.

WINK news in South Florida reports

A never-lived-in, four bedroom, two bath home in Northwest Cape Coral is selling for a steal — just $19,800. But buyer beware: the low sticker price is because the home is infected with Chinese drywall. Still, people are interested.

Chinese drywall cases may see trial in six months

Published on: August 1, 2009 | By Berniard Law Firm

During the pretrial coordination taking place in New Orleans regarding the Chinese drywall class actions taking place across the country, a judge has recently indicated steering committees may be named soon. These committees, one for the collective defenses and one for all of the plaintiffs, are comprised of attorneys within the respective sides and work towards strategy and motion filing. The steering committees are so important because, when matters such as an MDL come down, the various different attorneys from across the country need a coordinated approach to the pre-trial motions because what occurs there affects each of their cases, across the country.

In brief

Some of the many Chinese drywall lawsuits might be seeing a courtroom in as early as six months. The HeraldTribune.com reported that prominent Judge Eldon E. Fallon, who is overseeing “the combined litigation” taking place in New Orleans, is preparing to announce the legal leads for both sides-—so-called “steering committees”—said the HeraldTribune.com.

Breaking News: Berniard Law Firm named to Dow Hahnville Steering Committee

Published on: July 31, 2009 | By Berniard Law Firm

Yesterday afternoon, a New Orleans judge appointed Berniard Law Firm attorney Jeffrey Berniard to the steering committee for the class action lawsuit against Dow Hahnville case. The committee, including attorneys Madro Bandaries, Rico Alvendia, Gregory DiLeo and Jennifer Eagan will be in charge of and handle all of the major pretrial matters relating to the case. As such, our firm will be at the forefront of issues as they come up and will be looked to by the court to help focus the Plaintiff case.

If you have not already done so, go to our website at DowLeak.comfor more information about joining the class action or having your individual damages looked into by our legal staff.

Senators call on White House for Chinese drywall solution

Published on: July 30, 2009 | By Berniard Law Firm

The search for “a fix” continues as members of Congress solicit aid for their constituents buried under and suffering symptoms from the Chinese drywall in their homes. While litigation efforts may be nearer than what had been previously thought (check this blog tomorrow), homeowners may need help sooner than even that. As a result, Senators from various states have united to try to get help for these people in need.

The Senators, all Democrats, all come from Southern states in which homes were tainted by the Chinese drywall. In soliciting assistance from the White House, the members of Congress are working to exhaust all opportunities available to them in order to get change and relief for homeowners. The Virginia-Pilot reports

U.S. Sens. Mark Warner and Jim Webb of Virginia and other lawmakers sent letters this week to government agencies urging them to come to the aid of families and businesses hurt by tainted Chinese-made drywall.